Question: LEGAL/ETHICAL CHALLENGE

This case involves a waitress at a Famous Dave's BBQ restaurant in Bismarck, ND. Someone posted a picture on Facebook showing her holding a sign that implied that Native Americans were poor tippers. The picture was posted during the United Tribes International Powwow being held in Bismarck. Not only was the women in the photo fired, but so was the person who took the photo. The owner of this Famous Dave's franchise posted the following statement: "When an employee decides to make an ass of his or herself they can now do it for all to see. Sadly, for reasons unknown to me, often times bitter employees also try to embarrass the employers and taint the businesses where they work. Clearly a recent post by a now former employee fits this description." Many people agreed that linking the comment about tipping to the reference of the International Powwow implied that Native Americans "are as a class poor tippers." The original post caused very negative reactions among the local community.83 If You Were an Executive from Corporate Headquarters, What Would You Do?

1. Commend the franchise owner for firing the woman. The waitress showed bad judgment and the negative publicity could adversely affect sales at the restaurant.

2. I think the waitress was making a joke, albeit in bad taste. She doesn't deserve to be fired. I would reinstate her if she were willing to make a public apology.

3. The employee should be fired, but we need to create a policy about communicating on social media about our restaurants. I would discourage franchise owners from writing posts like this one.

4. Invent other options.